Intestate Succession in Florida

Intestacy laws in Florida, found in Chapter 732 of the Florida Statutes, only apply to probate assets—property titled in the decedent’s individual name without a transfer mechanism. Therefore, any non-probate asset is generally not affected by these laws. A major category of non-probate assets includes those with a valid beneficiary designation, such as life insurance proceeds, IRAs, 401(k)s, and Payable-on-Death (POD) bank accounts. These funds transfer directly to the named person outside of the probate process. Additionally, property held in a revocable living trust bypasses intestacy, as the trust legally owns the assets, and a successor trustee distributes them according to the trust’s terms. Real estate owned as Tenancy by the Entirety by married couples, or as Joint Tenancy with Right of Survivorship (JTWROS), automatically transfers to the surviving owner. Florida Homestead property, the decedent’s primary residence, also has special constitutional protection and passes directly to the surviving spouse or heirs. Finally, specific items categorized as Exempt Property under Florida Statute §732.402, like up to 20,000 in household furnishings and two personal motor vehicles, pass directly to the family.

Florida intestacy law applies a specific rule for inheritance by collateral kindred, such as siblings, based on their degree of relationship to the deceased. Under Florida Statute §732.105, a crucial distinction is made between “whole blood” and “half blood” relatives. Whole-blood siblings share both parents with the decedent, whereas half-blood siblings share only one. When the decedent leaves both whole-blood and half-blood siblings to inherit, those of the half-blood receive only half the share of those of the whole-blood. This means a whole-sibling’s share is twice as large as a half-sibling’s share. However, if all surviving collateral kindred (e.g., all siblings) are of the half-blood, they are treated equally and “shall have whole parts.” This exception ensures equal division if no whole-blood relative is in the same class of heirs. Step-siblings, who share no common parent, are not considered kindred for intestate succession unless they were legally adopted. This Florida half-blood rule only comes into play when there is no surviving spouse, descendant, or parent to inherit the estate. The formula aims to recognize the stronger biological connection of whole-siblings to the shared family line.

Under Florida’s intestacy laws, adopted children are treated exactly the same as biological children for all inheritance purposes. An adopted person is legally considered a descendant of their adopting parents and all members of the adopting parents’ family. This means an adopted child will inherit from the adoptive parents and their relatives in the same manner as a child born to them. Conversely, adoption generally severs the legal relationship for inheritance between the adopted child and their original natural parents and their families. However, there are exceptions, such as when a child is adopted by the spouse of one natural parent; in that case, the child can still inherit from the non-surrendering natural parent and their family. In contrast, stepchildren who have not been legally adopted have no automatic inheritance rights under Florida intestacy law. They are not recognized as legal heirs of a stepparent unless explicitly provided for in a will or other estate planning document. Therefore, to ensure a stepchild inherits, the stepparent must name them as a beneficiary in a will or trust. The only way for a stepchild to gain automatic inheritance rights is through a formal, legal adoption by the stepparent. This disparity highlights the need for a comprehensive estate plan in blended families.

Under Florida intestacy laws, if a potential heir dies before the person whose estate is being distributed, the rules of “per stirpes” descent generally apply. Florida Statute S. 732.104 dictates that descent shall be per stirpes, meaning by right of representation. This principle is applied when distributing an intestate estate to the deceased person’s descendants and to certain collateral heirs. For example, if a child of the deceased person predeceases them, that child’s share does not simply disappear or get divided among their surviving siblings. Instead, the deceased child’s surviving descendants—such as their own children (the decedent’s grandchildren)—will inherit the deceased child’s portion. The distribution is calculated by dividing the estate into equal shares at the closest generation where there is a surviving member. The share intended for the deceased heir then passes down to their own surviving descendants in equal shares. If the predeceased heir has no surviving descendants, their share is forfeited and the entire estate is divided among the next living heirs in line. This system ensures that the inheritance follows the family bloodline down through the generations.